HomeMy WebLinkAboutContract 32747 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. T7
WHEREAS, Mooreland Development Company, Inc., hereinafter called
"Developer", desires to make certain improvements to South Oak Grove Estates, Phase
2, Section 2, an addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant, Wise, and Denton Counties, Texas, hereinafter called "City", to
do certain work in connection with said improvements.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through Michael Beaty, its duly
authorized President, and the City, acting herein by and through Marc Ott, its duly
authorized Assistant City Manager, for and in consideration of the covenants and
conditions contained herein, do hereby agree as follows:
I. General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated
March 2001, approved by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Contract as if copy
herein verbatim. Developer agrees to comply with all provisions of said
Policy in the performance of its duties and obligations hereunder.
B. The requirements of the Policy shall govern this Community Facilities
Agreement, provided, however, that any conflict between the terms of this
Community Facilities Agreement and the Policy shall be resolved in favor
of this Agreement.
C. Developer shall provide financial security in conformance with paragraph
6, Section II, of the Policy.
D. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
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South Oak Grove Estates,Phase 2,Section 2Is
Revised Form per Legal December 2004 �7
F. The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify, hold harmless and defend the City, its officers,
agents and employees from all suits, actions or claims of any character,
whether real or asserted, brought for or on account of any injuries or
damages sustained by any persons (including death) or to any property,
resulting from or in connection with the construction, design, performance
or completion of any work to be performed by said Developer, his
contractors, subcontractors, officers, agents or employees, or in
consequence of any failure to properly safeguard the work, or on account
of any act, intentional or otherwise, neglect or misconduct of said
DEVELOPER, his contractors, sub-contractors, officers, agents or
employees, whether or not such injuries, death or damages are caused,
in whole or in Part, by the allezed nealizence of the City of Fort Worth,
its officers, servants, or employees.
G. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
H. In the event that City participation exceeds $25,000, Developer agrees that
no street construction or storm drainage will begin prior to City Council
approval of this Community Facilities Agreement. (Article 104.100,
Ordinance 7234).
I. Developer agrees that no lot shall be occupied under a certificate of
occupancy until the improvements required herein have been constructed
(Article 104.100, Ordinance 7234).
J. Developer hereby releases and agrees to indemnify and hold the City
harmless for any inadequacies in the preliminary plans, specifications and
cost estimates supplied by the Developer for this contract.
K. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to construct
current and future improvements provided for in this agreement.
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof.
South Oak Grove Estates,Phase 2,Section 2
Revised Form per Legal December 2004
Water (A)attached; Sewer (A-1)attached; Paving (B) Storm Drain (B-
1)_; Street Lights and Signs (C).
M. City shall not be responsible for any costs that may be incurred by
Developer in the relocation of any utilities that are or may be in conflict
with any of the community facilities to be installed hereunder.
N. Since the water and sewer facilities were partially installed by a
previous Developer, thorough testing and field investigation revealed
rehabilitation and replacement were needed. Water mains, sewer
mains, valves, and fittings will be paid of a 50/50% basis between
Developer and City according to unit prices. Developer pays 100% of
non-ordinance items, water services, and sewer services. It was
determined that impact fees for 10 lots will need to be paid based on
the Phase I agreement, according to the previous fee schedule
(effective June 5, 1999), before this current agreement will be
accepted.
Il. Water and Sewer Facilities
A. Developer shall install the proposed water line(s), fire line(s) and/or
meters as shown on Exhibit A, the estimated cost of which is $18,904.
The City agrees to record the location of each said service line in respect
to the comer of the lot served, and to retain said records in its possession.
The Developer and the City shall share in the cost of the water
improvements as follows:
WATER FACILTIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 7,290 $ 4,764 $ 12,054
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services $ 6,850 $ -0- $ 6,850
Engineering $ -0- $ -0- $ -0-
Sub-T0tal Water $ 14,140 $ 4,764 $ 18,904
* To be dedicated by the developer
South Oak Grove Estates,Phase 2,Section 2
Revised Form per Legal December 2004
i
The costs stated herein may be based upon construction estimates rather
than actual cost. The final cost to Developer and City shall be based upon:
1. Unit prices contained in City of Fort Worth Ordinance No. 14552;
WATER COST SHARE (Water will be paid on a 50150% basis between
Developer and City for water pipe, valves, and fittings. Developer
pays 100% of non-ordinance items and water services.)
8" water pipe ($17 per L.F.)
477 L.F. x $17 x .50 = $ 4,055
8" water gate valve ($676 Each)
1 EA x $676 x .50 = $ 338
Water fittings ($2,969 per Ton)
0.25 Ton x $2,969 x .50 = 371
$ 4,764
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $20,544. The City agrees to record the location
of each said service line in respect to the corner of the lot served, and to
retain said records in its possession. The Developer and the City shall
share in the cost of the sewer improvements as follows:
SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 7,654 $ 5,225 $ 12,879
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services (21 x 4") $ 7,665 $ -0- $ 7,665
Engineering $ -0- Is -0- 1 $ -0-
Sub-Total Sewer $ 15,3191 $ 5,2251 $ 20,544
*To be dedicated by the developer.
The costs stated herein may be based upon construction estimates rather
than actual cost. The final cost to Developer and City shall be based upon:
1. Unit prices contained in City of Fort Worth Ordinance No-.1-4
South Oak Grove Estates,Phase 2,Section 2
Revised Form per Legal December 2004
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SEWER COST SHARE (Sewer will be paid on a 50150% basis between
Developer and City for sewer pipe. Developer pays 100% of non-
ordinance items and sewer services.)
8" sewer pipe ($25 per L.F.)
418 L.F. x $25 x .50 = $ 5,225
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 14,140 $ 4,764 $ 18,904
Sub-Total Sewer $ 15,319 , $ 5,225 $ 20,544
Total Water and Sewer $ 29,459 $ 9,989 $ 39,448
Construction
Construction inspection $ 589 $ 200 $ 789
Grand Total I $ 30,0481 $ 10,1891 $ 40,227
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South Oak Grove Estates,Phase 2,Section 2 _
Revised Form per Legal December 2004
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager,
attested by its City Secretary, with the corporate seal of the City affixed, and�said Developer
h executed this instrument in quadruplicate, at Fort Worth, Texas this theme.day of
n , 2005.
Approval Recommended:
Water Department
S. Frank Crumb
Director
ATTEST:
City Of F9A Worth
City` ecretary Assistant City Manager
Marty Hendrix Marc A. Ott
Approved as to Form:
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Assist it Attomey
���. DEVELOPER
Mooreland Development
ATTEST: Contract Aut orizatioa Company, Inc.
Date
Corporate Secretary By:
Sign, print name and title
South Oak Grove Estates,Phase 2,Section 2 iQ',' •; i,rP{;
Revised Form per Legal December 2004 ���! l' e t>"i'�L':'�:
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/8/2005
DATE: Tuesday, November 08, 2005
LOG NAME: 60SOUTHOAKGROVE REFERENCE NO.: C-21139
SUBJECT:
Authorize Execution of Community Facilities Agreement with Mooreland Development Company,
Inc., for Construction of Water and Sewer Services to Serve South Oak Grove Estates, Phase II,
Section II
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Mooreland Development Company, Inc., for the installation of water and sewer services to
serve South Oak Grove Estates, Phase II, Section II, a future single-family home development, located in
far south Fort Worth.
DISCUSSION:
Mooreland Development Company, Inc., the developer of South Oak Grove Estates, Phase II, Section II,
has executed a proposed contract for community facilities to serve a single-family development located in
the far south part of Fort Worth, south of McPherson and west of Race Street (see attached map).
The total cost for water and sewer improvements for this development is $40,237.00. Since the water and
sewer facilities were partially installed by a previous Developer, thorough testing and field investigation
revealed that these facilities need to be replaced due to leaky water joints and reverse sewer
grades. Water mains, sewer mains, valves, and fittings will be paid of a 50/50% basis between Developer
and the City according to unit prices. Developer pays 100% of non-ordinance items, water services, sewer
services, and impact fees. The Developer and City estimated costs for water and sewer improvements are
subject to construction inspection fees.
ESTIMATED COST:
PROJECT COST DEVELOPER CITY TOTAL
WATER $14,140.00 $4,764.00 $18,904.00
SEWER $15,319.00 $5,225.00 $20,544.00
EASEMENTS $0.00 $0.00 $0.00
INSPECTION $589.00 $200.00 JZ89.00
TOTAL $30,048.00 $10,189.00 $40,237.00
This development is located in COUNCIL DISTRICT 8.
Logname: 03HRS01 Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water and Sewer Capital Project Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
P164 539140 060164015394 $4,764.00
P174 539140 070174013390 �5 225.00
Submitted for City Manager's Officeb Marc Ott (8476)
Originating Department Head: Frank Crumb (8207)
Additional Information Contact: Carrie McBeth (7585)
Logname: 03HRS01 Page 2 of 2